To: | AKITA SOFTWARE, INC. (IPDOCKET@LW.COM) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88285848 - AKITA - N/A |
Sent: | 4/17/2019 11:36:43 AM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88285848
MARK: AKITA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: AKITA SOFTWARE, INC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 4/17/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
CLASSIFICATION AND IDENTIFICATION OF GOODS AND SERVICES
Several of the services in the identification of services must be clarified because they are indefinite and too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. For example, the identification of services in International Class 041 should be classified in International 042. Moreover, the wording “Cloud based computer software” is indefinite as it should specify that the software is non-downloadable and provided via temporary use.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows the
changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it will
be shown with a line through it such as this: strikethrough. When making its amendment, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following classification and identification of goods and services, if accurate:
International Class 009: Downloadable computer software for privacy and compliance, application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for analyzing and debugging machine learning pipelines; Downloadable cloud-based software for privacy and compliance, application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for analyzing and debugging machine learning pipelines
International Class 041: Providing online non-downloadable computer software for privacy and compliance,
application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for
analyzing and debugging machine learning pipelines
International Class042: PROVIDING TEMPORARY USE OF NON-DOWNLOADABLE Cloud based computer software for privacy and compliance, application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for analyzing and debugging machine learning pipelines; providing temporary use of non-downloadable computer software for privacy and compliance, application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for analyzing and debugging machine learning pipelines; Software as a Service (SaaS) services featuring software for privacy and compliance, application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for analyzing and debugging machine learning pipelines; Software as a Service (SaaS) services, namely, hosting software for use by others for privacy and compliance, application performance management, to detect inappropriate uses of information, to identify potential causes of and fixes for information leaks, to automatically enforce data usage policies, and for analyzing and debugging machine learning pipelines; PROVIDING ONLINE NON-DOWNLOADABLE COMPUTER SOFTWARE FOR PRIVACY AND COMPLIANCE, APPLICATION PERFORMANCE MANAGEMENT, TO DETECT INAPPROPRIATE USES OF INFORMATION, TO IDENTIFY POTENTIAL CAUSES OF AND FIXES FOR INFORMATION LEAKS, TO AUTOMATICALLY ENFORCE DATA USAGE POLICIES, AND FOR ANALYZING AND DEBUGGING MACHINE LEARNING PIPELINES
See TMEP §1402.01
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
SIGNIFICANCE OF WORDING
RESPONSE GUIDELINES
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
Ramesh-Patel, Samir
/Samir Ramesh-Patel/
Samir Ramesh-Patel
Examining Attorney
Law Office 106
(571) 272-6699
Samir.Ramesh-Patel@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.